3 Tips for Divorced Families to Survive the Holidays

Below are three tips for how to deal with issues concerning your children post-divorce during the holidays.

Tip #1

Try to have whatever parenting time schedule you are going to follow worked out before the holidays. Do not wait until December 23rd to work out your holiday and vacation schedule. (And if you need assistance from your lawyers, do not wait until the last minute to contact them.)

Tip #2

Keep in mind that this is a time of transition for your children. If it is their first holiday without both parents, it is going to be difficult for them.

Forming a Corporation: Legal Documents You Can’t Do Without – Part 2

Only takes 5 minutes to read!
In our last article, we discussed the formative documents that all startups must have. Our intent now is to provide some suggestions as to their substance.
In getting your corporation up and running, you’ll want to create restrictions on the freedom of shareholders to dispose of their shares in the company. You can control the valuation of the shares, for instance, by drafting it into the shareholders’ agreement.

Document Consistency in the Appellate Process

{1:20 minutes to read} Physical documents are very important to the appellate process.
For example, if there is a car accident, the physical documents will include photographs of the accident that can help attorneys prove something specific for their appeal. Or an appeal may include medical information such as x-rays, a doctor’s handwritten notes, or a photocopy related to patient admissions.
The Appellate Division requires parties to submit exactly what the lower court reviewed when making the determination on the order being appealed.

OCD and Intrusive Thoughts

{5:06 minutes to read} Have you ever experienced obsessive thoughts and/or compulsions to act out rituals to relieve anxiety?
Better yet, have you had a thought that was not truly yours but made you question yourself and why you had such a thought?
You are not alone. The Diagnostic Manual 5, Grant (2013) defined Obsessive Compulsive Disorder (OCD) as persistent, chronic, recurrent thoughts and compulsions brought on by anxiety or environmental stress.

Every cooperative and condominium apartment purchase generally requires some sort of board application. Some applications can be very lengthy (particularly co-op applications) while others can be quite simple. Recently, condo applications have become very cumbersome particularly for luxury buildings. Co-op’s have always had some control as to who buys in the building by requiring a detailed board application from the purchaser. But now condominiums have gotten on the band wagon and have started to require very detailed and lengthy applications.

let’s not forget the add-ons!

{3:12 minutes to read} While not mandatory, add-ons are more often than not a major part of the financial support for children of parents going through divorce. Often, however, these expenses can be forgotten when talking about basic child support.
The New York State Courts have established guidelines for parents of minor children to help them with the calculation of their basic child support obligations. Basic child support is an amount of money contributed by the non-custodial parent (the parent who has the children the least number of nights per year) to the custodial parent towards payment of rent, utilities, food and basic clothing for the children.

The Grey Divorce

{3:24 minutes to read} How does the saying go? “Age is nothing but a number?” Well, that may very well be true, but getting a divorce past the age of sixty creates additional challenges.
Let’s be clear, someone getting a divorce over the age of sixty deals with many of the same issues as a younger couple. Issues such as:

Property division;

Spousal support;

Division of investment assets; and in many cases,

Child support.

These are issues regardless of age. Unfortunately, for older people going through divorce (often referred to as a Grey Divorce), that is where the similarities end.

Why Do Divorcing Couples Mediate?

{3:18 minutes to read} After my initial mediation training, I developed a sense of why I thought clients would choose to mediate their divorce. Since I was so invigorated by the knowledge of this amazing process, I assumed they would choose to mediate because they wanted to engage in a process in which they could learn how to communicate their interests to each other and then brainstorm creative resolutions to meet those interests in a collaborative and non-adversarial setting.
When I actually began working with my own clients, needless to say, I was a little disappointed to learn that the primary reason the vast majority of my clients gave for mediating their divorce was to lessen their costs. Not that I minimized the fact that cost is a very legitimate reason to mediate, but I unrealistically expected that clients would recite those same lofty reasons as caused me to choose to no longer practice in an adversarial setting and become a mediator.

Increased Rights for Whistleblowers in the Private Sector

A recent court decision in Kings County called Della Pietra v. Poly Prep Country Day School has expanded who can bring a cause of action under whistleblower provisions of the New York Not-for-Profit Corporation Law. While the case is significant, and potentially persuasive, it is not a binding precedent.
The facts of the case are interesting. Della Pietra was working at Brooklyn’s Poly Prep Country Day School when an administrator, employees, students and alumni took a trip to Cuba, apparently for the stated purpose of “a learning experience.” Indeed. Pietra became privy to what really occurred in Cuba: underage drinking, smoking, and participation in prostitution. When she went to the Board of Trustees and reported what she knew, she was allegedly harassed, defamed and ultimately fired.

New Cases of Legionnaires Disease in New York–Are You At Risk?

{1:40 minutes to read] This month, the New York City Department of Health confirmed that there were two cases of Legionnaire’s Disease at the New York City Housing Authority's Rangel Houses in Manhattan. It also confirmed that there were two other cases in the past 12 months, linked to a building on Sedgwick Avenue, in the Bronx. Although the Health Department said these were isolated cases, it also noted that steps were being taken to prevent more people from becoming infected.

CIRCUIT SPLIT: Tennessee District Court Holds That Tax Debt Resulting from Late-Filed Tax Return May be Dischargeable in Bankruptcy

On September 9, 2016, District Judge Waverly D. Crenshaw, Jr., sitting in the United States District Court for the Middle District of Tennessee, held that a debtor’s tax debt relating to a late-filed tax return may be dischargeable in certain circumstances. Biggers v. Internal Revenue Service, 2016 WL 5121893 (M.D. Tenn. Sept. 9, 2016). Read the full opinion here.

Non-Adversarial Divorces Can Inspire Us to Rise Above These Difficult Political Times

Politics and divorce have a lot in common when you think about it. There are two different sides, an array of commentators, and the parties exhibit entrenched thinking from which they find it nearly impossible to budge. Luckily, there are some moments of cooperation in both politics and divorce—and there’s no reason why there can’t be more.

Setting the Record Straight on Probate

{8:00 minutes to read} As a trusts and estates attorney, a lot of times people ask me, “Do I need to avoid probate?” Frequently, people have seen a recent television program with a TV personality advising them to execute Revocable Trusts or people telling them horror stories about what the probate process has done to them, but very infrequently do people actually understand what probate is. Let me tell you a little bit about what it is so that you can make a decision about what is appropriate for you and your loved ones.

What Are We Celebrating Here?

{3:54 minutes to read} The holidays, now encroaching practically on back-to-school week, are here again. For many, ringing in the cheer has been replaced with wringing of the hands.
The holidays are difficult for most of us at one time or another, but when you are in the throes of a pending or recent divorce, they can be especially hard. With the holiday season almost upon us, I have been thinking about what we are celebrating and what it means to be connected to one another.

The Future of Immigration Reform in the United States

It is with great difficulty that I write this blog after the election of November 8th. What we were told was good news for many Americans who felt left out of the economic recovery, is causing considerable anxiety in the immigration community. And rightly so.
Immediately after claiming victory, Trump reaffirmed his hardline stance on immigration, pledging to deport three million people who are in this country without legal authorization.

Working out the logistics of a seller moving out of one apartment and into a new apartment can be very sensitive and complicated. If the two closings cannot be handled simultaneously, then the seller will need to move out of the existing property, place his or her belongings in storage and stay in a hotel until the purchase can be completed. This can be a very large hassle and expense to the seller.

Do Grandparents Have Rights in New York?

{2:18 minutes to read} The short answer is, “Yes. Grandparents have visitation rights in New York.”

Every divorce agreement that I’ve seen specifically spells out that grandparents in New York have the right to see their grandchildren, and those rights won’t be denied. So that sounds great, and very legal, but how does that really work?

Top 5 Ethical ‘Dos and Don’ts’ Attorneys Need to Know

My partner Matthew Conroy and I recently presented a continuing legal education seminar called Ethical Dos and Don’ts for Attorneys. That seminar is available online at Lawline. During the seminar, we covered a great deal of topics including the top five examples of attorney conduct that can lead to the filing of a grievance. Here they are:
1.Misuse of client funds:
As a lawyer, I encourage you to be very cautious regarding client funds. If the funds aren’t yours, don’t touch them unless you have an absolute right to them, typically for hours billed under an hourly fee agreement, assuming your jurisdiction allows you to take undisputed amounts of money.

Business Owner Checklist – Part II: And, Further

Business
Part II of my Business Owner Checklist describes 7-10, along with a P.S. of the components that I believe are essential for business owners to have in place to be positioned for success and growth. I wrote about the first 6 last time (click here to read it). Part II also incorporates references to professionals that I trust.

Avoiding Clouds on Homestead Exemptions[1]

We represent a debtor with a substantially younger, non-debtor spouse and equity in their home, exceeding the debtor's homestead exemption. The home is owned as tenants in the entireties. This means that the surviving spouse inherits the property free and clear of the deceased spouse's creditors. The spouse's youth dissuaded the chapter 7 trustee from trying to sell the home free and clear of both owner's interests.[2]
The trustee got creative. She tried selling just the debtor's interest in the house. The buyer gets the right to live with the non-debtor. That right would never be used.

Supporting Family Caregivers

Family caregivers make up the majority of long-term care providers in the United States. Every year more than 65 million Americans make the choice to provide nursing and periodic or continual care for their aging or disabled loved ones. That number is growing as advances in medicine are allowing us to live longer. November is National Family Caregiver’s Month, a time to recognize the amazing efforts of these wonderfully caring people, but also a time to make sure that they, in turn, have the support they need to continue.

One of the greatest things we can do is encourage family caregivers to make themselves a priority. Caregiving can be a rewarding experience, but it is also physically and emotionally demanding, and the natural tendency of most caregivers is to put their own needs last.

Using Trusts to Manage Bequests

{3:21 minutes to read} The concept of controlling one’s heirs from the grave may be difficult to fathom. However, there are many circumstances in which it is necessary to set some control over the inheritance to an heir in order to protect him or her. Trusts are often used to set the appropriate level of control and to provide peace of mind to the creator of the trust. Trusts are also used for estate tax planning purposes.

Getting Divorced but Living Together?

{3:54 minutes to read} When most people get divorced the last thing they want to do is continue living together in the same house. One of the prime reasons to get divorced is so you no longer have to live with that crackpot, jerk, cheat, ne’er-do-well, a liar, energy-sucker.
When there are no kids, this is usually an easy decision. Hasta la vista, baby. But life isn’t always neat, and when there are children and limited resources, keeping the family home may be the best way to harness those resources and maintain stability.

Mediation: What to Expect

{5:10 minutes to read} You’ve been sent to mediation. What’s next?
You’re going to mediation; you asked or agreed to go, or a judge sent you. It shouldn’t matter. Embrace the opportunity! This is a “no risk” opportunity to settle your dispute, early on, before investing significantly more time and resources, and to do so on your own terms; the outcome will not be in the hands of a judge or jury.
You will also have an opportunity—perhaps your first, and maybe the only one you will have, at least before a trial—to meet and speak directly to the other party. So go prepared to engage; to explain your position; ask questions; express your thoughts; and to listen—both to the other side and the mediator.

How to Evaluate Consumer Options…and Not Get Cheated!

{2:20 minutes to read} A daily money manager helps with all aspects of a person’s daily financial life, such as paying bills, reviewing credit card charges and reconciling checking accounts. The leap from meeting a daily money manager to letting them handle these items can be difficult, as there is a lot of trust involved. Sometimes, even if you trust somebody, you really don’t know what it’s like to work with them. This is why hiring a daily money manager to help you make wise purchasing decisions is a good introduction to how you might work together.

Confidentiality Obligations of In-House and Outside Counsel in the Virtual Workplace

As is widely known, many technological advancements have been integrated into the legal industry in recent decades. Maintaining an electronic record of all information is standard operating procedure at large and small companies and law firms. Another major development, in the last half dozen or so years, in particular, has been the dramatic increase in the number of employees who telecommute one or more days a week and in many instances full time. Indeed, there are now virtual companies and law firms which maintain limited, if any, office space.

Should I Buy a New Home Before I Sell My Own?

Should I buy a new home before I sell my own? The short answer is: It depends.
If you want to minimize your financial risk, then you should sell your current house first and then buy a new one. If on the other hand, you want to minimize your inconvenience, then you should buy your new house first and then sell your current one.
If you value your convenience more, you should buy your new house first. It is much more convenient because you can take as long as you like to find your “perfect house” and then move into it whenever you want.

New York Is a Melting Pot: Know the Culture You’re Working With

In New York, there are enclaves of different traditional communities, including a strong Indian, Jewish, Muslim, Chinese and other Asian presence. There is also an amalgam of different religions, as people often have some sort of religious outline to their traditional backgrounds. Family law attorneys and mediators must be sensitive in their approach when handling divorce for those with specific cultural or religious guidelines.
During the initial intake stages, it is important to check the client’s temperature to learn their tolerance level.

Update on Overtime Rules

{2:30 minutes to read} In a recent two-part article, I discussed the upcoming changes that will go into effect December 1, 2016, with respect to overtime eligibility and exemptions and the significance of those changes.
In recent weeks, there have been two events—one at the courthouse, the other at the ballot box—that could potentially have a major effect on these changes.
On September 20, 2016, the U.S. Chamber of Commerce, along with more than 50 business groups, filed a lawsuit in the US District Court, Eastern District of Texas challenging the overtime rule.

A Wife’s Fervent Plea for Mediation

{4:42 minutes to read} Every once in awhile, a client will send me something that goes right to the heart of mediation. I’m working with a couple who have been back and forth with threats to stop and go the lawyer route – even though they both know it is not in their best interest to do so.
After a rather torrid session, the wife wrote a letter to the husband, and she agreed to let me share it with you. Of course I changed their names and anything very personal to them. If this isn’t a plea for sanity, I don’t know what is.